About Deadly Clear

This blog site is for you - to make your opinions known and enable you to express your thoughts, insights, fears and be DEADLY CLEAR. The author of the blog has become more compassionate and socially enlightened with age after entering this world from a very brainwashed right-winged culture. My goal is to achieve perfection and share in Ho'oponopono which means to make things right.

Recording the Rescission

Originally posted on Livinglies's Weblog:

Livinglies Team Services: see GTC HONORS Services, Books and Products

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For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688

This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located.

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 Every state has its own forms and requirements and fees for filing anything in the public records. It is wise to record any rescission that was sent regardless of the timing, in my opinion, but that would be subject to advice from a lawyer in your jurisdiction. Litigation is expected on numerous issues after the nonjudicial cancellation of the loan contract, note and mortgage. Here are some of the issues that might be presented when the rescission is sent and/or recorded:
  1. Since the rescission is effective upon mailing, the loan contract, note, and mortgage are void (not…

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House Committee approves slate of mortgage, housing reforms

Originally posted on Justice League:

Bipartisan bills rein in GSE CEO pay, provide formal TRID grace period

The House Financial Services Committee approved a slate of bipartisan bills directly impacting the mortgage and housing finance space Wednesday.

They now face a vote before the full House of Representatives.

“We seek to simplify the rules, reduce complexity and compliance costs.  Complicated and costly regulations serve as barriers that too often keep small competitors off the playing field,” said Chairman Jeb Hensarling, R-Texas. “With regulatory relief, we can level that playing field between big corporations and small businesses and create a healthier economy.”

Among the bills passed were:

H.R. 3192, the “Homebuyers Assistance Act”

H.R. 3192 delays enforcement of a CFPB regulation surrounding the home buying process to allow more time for the CFPB to ensure purchasers and buyers are not unfairly harmed by this new regulation.

H.R. 3192 passed 45-13.

H.R. 1210, the “Portfolio Lending…

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UBS Deal Shows Clinton’s Complicated Ties

Deadly Clear:

Any doubts still pending? Duh?

Originally posted on Justice League:

Outlined in today’s Wall Street Journal:

A few weeks after Hillary Clinton was sworn in as secretary of state in early 2009, she was summoned to Geneva by her Swiss counterpart to discuss an urgent matter. The Internal Revenue Service was suing UBS AG to get the identities of Americans with secret accounts.

If the case proceeded, Switzerland’s largest bank would face an impossible choice: Violate Swiss secrecy laws by handing over the names, or refuse and face criminal charges in U.S. federal court.

Within months, Mrs. Clinton announced a tentative legal settlement—an unusual intervention by the top U.S. diplomat. UBS ultimately turned over information on 4,450 accounts, a fraction of the 52,000 sought by the IRS, an outcome that drew criticism from some lawmakers who wanted a more extensive crackdown.

From that point on, UBS’s engagement with the Clinton family’s charitable organization increased. Total donations by UBS to…

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Why Are Modifications So Sluggish? Tonight on the Neil Garfield Show 6pm EDT

Originally posted on Livinglies's Weblog:

Click in to tune in at The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Eastern Thursdays

More than 24,000 people listen to the Neil Garfield Show. Maybe you should too.

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For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688

This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located.

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Everyone has the same question in the back of their minds. The loans should be worked out rather than foreclosed. That is what is done with commercial loans, that is what was done in residential loans and it is still done with credit cards and other consumer loans. So why are we having problems with workouts and modifications?
The answer is simple: we are not dealing with the creditor. We are dealing with an…

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Foreclosure REVERSED! The Mysterious Countrywide Endorsements

Originally posted on Justice League:

Matt Weidner Law website:

The Eagles Master Association v. Bank of America

St. Andrews at the Eagles, Inc., appeals a final judgment of foreclosure in
favor of Bank of America.1 We reverse because the Bank failed to prove its standing.
On October 12, 2009, a residential foreclosure complaint was filed by BAC
Home Loans Servicing, L.P., formerly known as Countrywide Homes Loans Servicing,
L.P. The first count was to foreclose on a mortgage given by Marie Black; the second
count was to reestablish a lost note and mortgage. St. Andrews was named as a
defendant based on allegations that it might claim a subordinate interest or lien in the
property “by virtue of possible association liens and assessments.”
On the copies of the mortgage and note attached to the complaint, the
lender was identified as Countrywide Bank, FSB. Mortgage Electronic Registrations
Systems, Inc., commonly referred to as MERS, was named…

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Central Florida Flames Over Foreclosure Fraud

Deadly Clear:

Excellent analogy. It is becoming quite common in foreclosure defense to distort information by creating smear campaigns and disingenuous public assaults against foreclosure defense warriors…just to protect or rather hide and suppress the truth.

Originally posted on Livinglies's Weblog:

Livinglies Team Services: see GTC HONORS Services, Books and Products

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For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688

This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located.

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Just received this link:

see http://www.wftv.com/news/news/local/osceola-foreclosure-report-author-holds-news-confe/nm79R/

Krieger is right about the fundamentals. While I have not reviewed his report, it appears from what I have heard about it that in contains misstatements and inaccuracies. BUT the idea that the foreclosures are largely a fraud upon homeowners and the Courts is well-founded.

The parties who are initiating the foreclosures are mostly servicers. They want the foreclosure so they can collect on advances and fees. But they have no right to foreclosure on those claims because they have no contract, no note, and no mortgage in which they have…

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Fannie Mae: Mortgage lenders unnecessarily restrict credit

Deadly Clear:

Somebody tell us why you can’t get a FICO score without a credit card… And you can’t get a loan without a FICO score? It would appear to us that less debt would be a better risk – yeah? Why couldn’t the lender use the utilities, cable, phone payments to rate the borrower? Why can’t the credit companies use no debt, no collection actions and current utilities to create a FICO score? They certainly leave bankruptcy, court judgments and tax liens on the record in their assessment.

It appears that without credit card debt, the borrower might not be as susceptible to default … Which is probably still their game plan.

Originally posted on Justice League:

(Image courtesy of Fannie Mae)

It appears the post-recession mantra of mortgage lenders is “better safe than sorry.”

Despite pushes from the Federal Housing Finance Agencyand the Federal Housing Administration, many mortgage lenders are still applying additional credit overlays to loans delivered to Fannie Mae and Freddie Mac, a new survey of lenders showed.

The survey, conducted by Fannie Mae’s Economic & Strategic Research Group and based on responses from senior mortgage executives in May 2015, found that approximately 40% of lenders who deliver loans to the GSEs or Ginnie Mae reported applying credit overlays that are more stringent than what the GSEs or Ginnie Mae require.

Fannie Mae’s quarterly Mortgage Lender Sentiment Survey also found that 64% of lenders who deliver loans to the GSEs or Ginnie Mae said that credit overlays are applied on a “limited basis,” which is 20% or less of their loan…

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Now It’s Your Turn to Help Me!!! Getting lawyers to sign up on common registry.

Deadly Clear:

Same here. We get contacted from homeowners all over the country needing help. However, with that said, there have been some crummy attorneys out there just trying to make a buck off of homeowners. The list needs to be like Max Gardeners Grad List – where they’ve actually won a few cases because they understand the issues and they’ve taken some courses in foreclosure defense.

Originally posted on Livinglies's Weblog:

Every day dozens of people call me asking for referrals to attorneys. I have tried everything I think of to get attorneys to sign up, give resumes, etc. All I want to do is set up something like an Angie’s list for foreclosure defense lawyers. If any of you have an idea about how to do this, even if it is your own venture, that will be fine. I’m not looking to make money on this. I just want to provide the service to people.

Please send email to gtchonors.llblog@gmail.com with some sort of business plan to set up a system where homeowners can get the help they need.

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New York: Notice of Appeal May Work as a Cloud on Title

Deadly Clear:

Very interesting – especially given how many times we’ve seen BONY sell property to Flippers during litigation.

Now, under Altshuler, if any defendant merely files a notice of appeal (truly a ministerial act) from an otherwise final judgment of foreclosure and sale (or from an order confirming a referee’s report of sale), without obtaining a stay, the pendency of that appeal effectively serves as a long and dark cloud on title, preventing a bona fide purchaser in foreclosure from obtaining clean, insurable, title to the foreclosed property until all possible appeals are exhausted. That exhaustion, and that uncertainty, could endure for several years (as it did in Altshuler).
Altshuler serves to caution all foreclosure mortgagees, prospective purchasers, title insurers, and all other parties (such as new lenders, tenants, or contractors) acquiring an interest in the mortgaged property that their bona fide interests could be nullified long after the fact. This is likely to chill the willingness and ability of title insurance companies to issue insurance policies on foreclosed real estate while an appeal could be perfected or has been perfected and remains pending.

Originally posted on Livinglies's Weblog:

Livinglies Team Services: see GTC HONORS Services, Books and Products

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For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688

This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located.

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see http://www.newyorklawjournal.com/home/id=1202732820636/Appellate-Decision-Unwinds-Foreclosure-Purchase?mcode=1202615326010&curindex=2&slreturn=20150623125150

It’s procedure, stupid! That is the message coming out of several courts who are subjecting foreclosure actions to increasing scrutiny. They apparently are noticing that the facts are not as assumed in most cases and that the true facts are being papered over with instruments that appear facially valid. Now the long standing rule that a person who takes title with knowledge of litigation might not get title after all. In New York, title was unwound. The conclusions of the authors is what I said years ago. There is no way that continuing…

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